Q&As

Do you hold any information on what event(s) under a JCT would bring a contract to end (other than breach/term at will/Termination)?

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Published on LexisPSL on 31/05/2017

The following Construction Q&A provides comprehensive and up to date legal information covering:

  • Do you hold any information on what event(s) under a JCT would bring a contract to end (other than breach/term at will/Termination)?

Do you hold any information on what event(s) under a JCT would bring a contract to end (other than breach/term at will/Termination)?

Where a contract is specifically terminated, for example under a contractual clause or at common law (ie repudiation), such termination operates prospectively and both parties are discharged from any further performance under the contract of their primary obligations (eg payment or carrying out remedial works). See, for example, Photo Production Ltd v SecuricorTransport Ltd.

This is different to the position whereby a contract is effectively completed because all of the parties’ primary obligations have been satisfied. They are, however, still enforceable in the future, if required. Under some contracts, a party’s obligations may be considered ‘closed’ ie all primary obligations or matters relating to it are deemed to have been completed/concluded with nothing outstanding or open to challenge. As set out below, this is normally achieved in JCT contracts by the issuance of the final certificate or statement. The practical completion certificate or certificate of making good defects may also have this effect, but to a more limited extent and it will depend upon the wording of the particular contract.

However, the parties will still be able to enforce other primary rights under the contract, such as payment of the amount certified or provision of collateral warranties that haven’t already been provided, or may be

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